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MODULE DESCRIPTOR
Module Title
Contractual Approaches to Procurement
Reference SUM409 Version 2
Created May 2017 SCQF Level SCQF 11
Approved June 2012 SCQF Points 15
Amended December 2017 ECTS Points 7.5

Aims of Module
To critically analyse contractual approaches to procurement, formal contractual documentation and liability for negligence in the energy sectors.

Learning Outcomes for Module
On completion of this module, students are expected to be able to:
1 Critically evaluate appropriate contractual arrangements for the energy sectors.
2 Synthesise and critically analyse the content of contract documentation in the energy sectors.
3 Analyse liability for negligence in the energy sectors.

Indicative Module Content
Appropriate contractual arrangements: risk allocation, procurement strategy; supply chain code of practice; pre-contract considerations; first point assessment; traditional and non-traditional arrangements; partnering and alliancing; incentivisation; relevant legislation including the Bribery Act, etc. Content of contract documentation: bespoke contracts; standardisation; range and use of current standard forms of contract; structure and content of traditional contract forms; structure and content of collaborative arrangements; analysis of terms and conditions; contractual risk allocation; all risks insurance; resolution of claims and disputes. Liability for negligence: negligence, gross negligence and wilful misconduct; potential liability for human, environmental and financial consequences; indemnity and insurance; mutual hold harmless agreement; remoteness of loss; professional liability; collateral warranties.

Module Delivery
The module is delivered in Distance Learning Mode by self-directed web-based learning materials supported by on-line tutorial support and discussion forums.

Indicative Student Workload Full Time Part Time
Contact Hours N/A 70
Non-Contact Hours N/A 80
Placement/Work-Based Learning Experience [Notional] Hours N/A N/A
TOTAL N/A 150
Actual Placement hours for professional, statutory or regulatory body    

ASSESSMENT PLAN
If a major/minor model is used and box is ticked, % weightings below are indicative only.
Component 1
Type: Coursework Weighting: 40% Outcomes Assessed: 1
Description: Normally a longitudinal assessment involving topic discussion forums (20%) and a group presentation (20%).
Component 2
Type: Coursework Weighting: 60% Outcomes Assessed: 2, 3
Description: An individual written piece of work.

MODULE PERFORMANCE DESCRIPTOR
Explanatory Text
In order to pass the module students must achieve 40% or greater in each component.
Module Grade Minimum Requirements to achieve Module Grade:
A 70% or greater
B 60% or greater
C 50% or greater
D 40% or greater
E 35% or greater
F Less than 35%
NS Non-submission of work by published deadline or non-attendance for examination

Module Requirements
Prerequisites for Module None in addition to course entry requirements or equivalent.
Corequisites for module None.
Precluded Modules None.

ADDITIONAL NOTES
This module is a core part of the MSc Commercial Practice for the Energy Sectors. The module may be taken as a stand-alone study package.

INDICATIVE BIBLIOGRAPHY
1 Birds, J., 2001. Birds' Modern Insurance Law. London: Sweet and Maxwell
2 Davidson, F., 2010. Arbitration (Scotland) Act 2010. London: Thomson Reuters (Legal)/W. Green
3 Leading Oil and Gas Industry Competitiveness, Standard Contracts for the UK Offshore Oil & Gas Industry. Available from http://www.logic-oil.com
4 Mackie, K., 2007. The ADR Practice Guide: Commercial Dispute Resolution. 3rd ed. Haywards Heath: Tottel
5 Macqueen, H., 2006, Contract Law in Scotland. 2nd ed. Haywards Heath: Tottel
6 Oil, Gas and Energy Law. Journal available from http://www4.rgu.ac.uk/library/resources/
7 Thomson, J. M., 2009. Delictual Liability. 4th ed. Haywards Heath: Tottel


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